Experienced Criminal Defense for DUI Charges in Reading, PA

If you’re facing DUI charges in Reading, PA, you may feel overwhelmed and uncertain about what lies ahead. Pennsylvania’s DUI laws are stringent, with penalties that can significantly impact your life, including your driver’s license, employment, and overall reputation. However, you don’t have to face this daunting situation alone. Lee Ciccarelli and the dedicated team at Ciccarelli Law Offices are here to provide you with expert legal counsel and strong advocacy.

With decades of experience, a deep understanding of Pennsylvania DUI laws, and a commitment to protecting your rights, Lee Ciccarelli’s legal team has earned a reputation for superior defense. Here’s why they are the best choice for your case and what you should know about Pennsylvania DUI laws as you move forward.

Understanding Pennsylvania’s DUI Statutes

Under Pennsylvania law (75 Pa.C.S.A. § 3802), driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher constitutes DUI. However, even drivers with a lower BAC may face charges if they cannot operate a vehicle safely due to intoxication. The law is particularly strict for commercial drivers and minors. For commercial drivers, a BAC of 0.04% or higher can result in DUI charges, while minors under 21 years of age can be charged for a BAC of just 0.02%.

Pennsylvania categorizes DUI offenses into three levels based on BAC:

1. General Impairment (BAC 0.08% to 0.099%)
2. High BAC (0.10% to 0.159%)
3. Highest BAC (0.16% and above)

The penalties escalate significantly with higher BAC levels, repeat offenses, or in cases involving accidents, injuries, or minors in the vehicle.

Police Procedures and Probable Cause for DUI Arrests

Before arresting someone for DUI, law enforcement must have “probable cause” to believe the individual is impaired. This typically involves observing certain behaviors, such as:

• Swerving between lanes
• Running stop signs or red lights
• Signs of intoxication, such as slurred speech or the smell of alcohol

If the officer stops a driver and suspects impairment, they may conduct field sobriety tests to assess coordination and cognitive function. If probable cause is established, the driver may be asked to perform a chemical test (breathalyzer, blood, or urine test) in compliance with Pennsylvania’s implied consent law.

Pennsylvania’s Implied Consent Law

Under Pennsylvania’s implied consent law, drivers implicitly agree to chemical testing if stopped under suspicion of DUI. Refusing this test leads to an automatic suspension of the driver’s license for 12 to 18 months and can be used as evidence in a criminal trial. While refusal penalties are harsh, the evidence from testing may also heavily impact your case, making it imperative to seek legal representation promptly.

Penalties for DUI Convictions in Pennsylvania

The penalties for DUI in Pennsylvania can vary dramatically based on the offender’s BAC level, criminal history, and circumstances surrounding the arrest. Below is an overview of the penalties associated with each level of offense:

General Impairment (First Offense)

• License Suspension: Up to 12 months
• Fines: $300
• Imprisonment: Up to 6 months probation
• Mandatory Alcohol Education

High BAC (First Offense)

• License Suspension: 12 months
• Fines: $500 – $5,000
• Imprisonment: 48 hours to 6 months
• Mandatory Alcohol Treatment

Highest BAC (First Offense)

• License Suspension: 12 months
• Fines: $1,000 – $5,000
• Imprisonment: 72 hours to 6 months
• Mandatory Alcohol Treatment

For repeat offenders or cases involving aggravating factors (e.g., accidents, injuries, or driving under suspension), penalties become more severe and may include extended license suspension, higher fines, and even mandatory prison time.

Pennsylvania’s ARD Program for First-Time Offenders

Pennsylvania offers an Accelerated Rehabilitative Disposition (ARD) program for first-time DUI offenders. This program allows eligible individuals to avoid conviction by completing specific requirements such as probation, community service, and alcohol education. Successful completion of ARD results in dismissal of the charges and expungement of the offense from the person’s record.

ARD Eligibility and Prosecutorial Guidelines

Eligibility for ARD depends on factors like the offender’s past criminal record, BAC level at the time of arrest, and whether the DUI involved an accident or injury. The District Attorney’s Office in Reading, PA (Berks County) exercises discretion when determining eligibility for ARD and sets guidelines that may include:

• The exclusion of offenders with previous DUI convictions.
• Requirements for victims’ consent in cases involving accidents with injuries.
• Specific provisions for minors or individuals involved in excessive BAC levels.

Understanding these guidelines and effectively advocating for ARD placement is something Ciccarelli Law Offices specializes in.

The Impact of DUI Convictions on Your Driver’s License

One of the most immediate and tangible penalties of a DUI conviction in Pennsylvania is the suspension of your driver’s license. The length of the suspension depends on the BAC level, prior offenses, and whether chemical testing was refused. For instance:

• General Impairment DUI (First Offense) may result in limited suspension or probation.
• High/Highest BAC Levels or Repeat Offenders often face extended suspensions ranging from 12 months to several years.

Ciccarelli Law Offices can guide you through options like obtaining an Occupational Limited License (OLL) or appealing unwarranted suspensions to minimize disruptions to your daily life.

Why You Need an Experienced DUI Attorney

Navigating the complexities of Pennsylvania’s DUI laws and mitigating the impacts of a conviction require specialized legal expertise. Here’s why hiring an experienced DUI attorney is critical:

• Case Analysis: An experienced attorney can assess procedural errors during your arrest, such as lack of probable cause or improperly administered sobriety tests.
• Negotiation Skills: A seasoned legal team, familiar with Berks County prosecutions, will advocate for reduced penalties or your acceptance into the ARD program.
• Trial Experience: If your case goes to trial, having a skilled attorney like Lee Ciccarelli ensures your rights are protected, and your defense strategy is robust.

Why Choose Ciccarelli Law Offices for Your DUI Case?

Lee Ciccarelli and his team bring competence, compassion, and an unwavering commitment to every DUI case in Reading, PA. With years of criminal defense experience and a history of successful verdicts, we’re not just your attorneys—we’re your advocates.

Here’s what sets Ciccarelli Law Offices apart:

• A Team Approach: You benefit from a team of attorneys with diverse perspectives and skill sets working collaboratively on your case.
• Deep Local Knowledge: Familiarity with Berks County court systems, prosecutors, and ARD guidelines positions us to negotiate effectively for you.
• Compassionate Support: We understand the stress a DUI charge can bring to you and your family. Our goal is to create a strategy that minimizes its impact while securing the best possible outcome.
• Proven Results: From securing ARD placements to fighting suspensions and reducing penalties, our record speaks for itself.

About Lee Ciccarelli

Lee Ciccarelli founded Ciccarelli Law Offices with a mission to deliver elite legal representation that serves justice. From the courtroom to the community, Lee is known for his tenacity, attention to detail, and client-centered approach. His commitment to seeing every client as more than just a case file has defined his career and gained him the respect of clients and peers alike.

Take the Next Step

Facing a DUI charge? Don’t leave your fate to chance. Trust Ciccarelli Law Offices to fight for your future with expertise, care, and determination. Schedule your free, confidential consultation today and take the first step toward securing the best possible outcome for your case.

Contact us at Ciccarelli Law Offices today. We’re here to help.

Berks County/Reading DUI Defense

The Swedes were the first European settlers in Pennsylvania in 1683, living along the Schuylkill and Delaware rivers, trading with the Indians. William Penn wanted to give his Quaker friends the land the Swedes had already cultivated, so he offered the Swedes free land to the northwest as an enticement to vacate. Penn’s offer was accepted, and the Swedes accepted 10,500 acres north of the Manatawny Creek in 1701. The township was first known as Amity, as Germans, French and English soon followed the Swedes to the Oley Valley.

The northern Lancaster and Philadelphia region was a diverse mix of nationalities and religions, but before long, the bulk of the population were Germans with farmsteads which were scattered across the valleys and settlements. By 1739, a petition was presented to the Assembly, asking that a new county be created. At that time the Assembly took no action, so petitions were again drafted in 1745, 1750 and 1751.

It is impossible to view the foundation of Berks without including the history of Reading—Reading was a “contrived” town, with no mill at its center and no crossroads encouraging growth. After the death of William Penn, his sons, Richard and Thomas, became the Proprietors of the Province. When a decision was finally made to build a town, several different sites were examined before Richard and Thomas decided on the spot for a county seat—only to find the land had already been sold to land speculators.

The Penn brothers had to do some serious finagling to regain the land, but eventually, they did. The town of Reading was then surveyed, and streets laid out. Outlying lands were rented out to those willing to establish and tend orchards, livestock, and grain farms. By 1751, however, only seven houses had been built in Reading, but the founders were not deterred. A real estate boom ensued, and houses and business began cropping up in Reading and in Berks County.

Finally, after fourteen years of petitions, the charter was granted for the town of Reading and the county of Berks.  There were disputes along the southwestern border of the County, splitting several townships, leaving half of each in Lancaster. During the French and Indian war, Reading became a military base for a chain of forts throughout the Blue Mountains. By the time of the Revolution, the local iron industry had a total production exceeding that of England, which would supply Washington’s troops with cannons, ammunition, and rifles.

Hessian prisoners from the battle of Trenton were detained in Reading, and the town was a depot for military supplies. The Philadelphia and Reading Railroad was incorporated in 1833, and after more than 100 years of prosperity, the Reading Company was forced to file for bankruptcy in 1971. The bankruptcy was the result of strict government regulations which denied railways the ability to set competitive pricing, forcing the railways to continued operating passenger service lines which lost money.

Today, agriculture is a booming industry in Berks County, which ranks third among every Pennsylvania county as far as agricultural cash receipts. The agricultural businesses include dairy production, field and forage crops, poultry, and meat animals. Reading has the distinction of having an art institute, a symphony orchestra, and a civic opera, all of which contribute to the city’s reputation as a center of culture and art.

Berks County/Reading, Pennsylvania DUI Penalties

Pennsylvania has relatively strict DUI penalties—which have gotten even harsher within the past year. Pennsylvania has a unique tier system as far as DUI penalties go. The tiers are based on BAC, as well as multiple DUI convictions. The lowest penalty category for a Pennsylvania DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Pennsylvania DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Pennsylvania DUI is .16 percent or higher.

For a first-time DUI (within the past ten years), where the BAC is from 0.08 percent to .10 percent, and there was no damages or injuries and no implied consent violation (refusal), the offense is considered an ungraded misdemeanor. The penalties for this offense are:

• A mandatory six months’ probation
• A fine of $300
• Full drug and alcohol assessment if indicated by a CRN
• No mandatory license suspension and no mandatory Ignition Interlock device.

A first DUI with a higher BAC can result in 48 hours to 6 months in jail, fines from $500 to $5,000, a 12-month license suspension, a one-year Ignition Interlock device installed (with no waiting period), and a full drug and alcohol assessment.

For a second DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could face serious consequences, including:

• Serve from five days to six months in jail
• Fines from $300 to $2,500
• License suspended for 12 months
• Required to have an Interlock Ignition device installed for one year (with six months until eligibility)
• Required to have a full drug and alcohol assessment

For a second DUI with a higher BAC, you could face even more serious penalties and consequences, including larger fines and longer times in jail.

For a third DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could face stiff penalties, including:

• Serve from ten days to two years in jail
• Pay a fine from $500 to $5,000
• Have your driver’s license suspended for 12 months
• Required to have an Ignition Interlock device installed for one year (with eligibility after six months)
• Required to have a full drug and alcohol assessment.

For a third DUI with a higher BAC, you could face even tougher penalties, including:

• Serve from 90 days to five years behind bars
• Pay fines from $1,500 to $10,000
• Have your driver’s license suspended for 18 months
• Required to have an Ignition Interlock device installed for one year (with eligibility after nine months)
• Required to have a full drug and alcohol assessment.

A fourth or subsequent DUI within ten years is charged as a felony, rather than a misdemeanor. For a fourth or subsequent DUI with a BAC from 0.08 percent to .10 percent, you could face harsh consequences, including:

• Serve from 10 days to seven years in jail
• Pay fines from $500 to $15,000
• Have your driver’s license suspended for 18 months
• Required to have an Ignition Interlock device installed for one year (with eligibility after nine months)
• Required to have a full drug and alcohol assessment
• Subject to DNA sampling.

A fourth or subsequent DUI within ten years with a higher BAC is also charged as a felony and can result in jail time from one to seven years, fines from $1,500 to $15,000, driver’s license suspended for 18 months, required to have an Ignition Interlock device installed for one year, (with eligibility after nine months), required to have a full drug and alcohol assessment and could be subject to DNA sampling.

ARD in Berks County/Reading

If you have been arrested for the first time for a Driving Under the Influence charge, you could be eligible for the ARD Program. The ARD Program for DUI in Berks County is an alternative to a trial, conviction, mandatory jail sentence, and mandatory loss of your driver’s license for up to one year. If this is your first DUI offense, and your BAC was between 0.08 percent and .099 percent, and no accident occurred, there would be no suspension of your driver’s license regardless of whether you were convicted, or you were admitted into the ARD Program. If you meet the following requirements, you could be eligible for ARD in Berks County or Reading:

• It is your first offense for DUI, and you have no other prior misdemeanor, felony, or ARD disposition.
• No serious bodily injuries occurred because of an accident.
• You had no passengers under the age of 14 in the vehicle.
• You were driving with a valid driver’s license.
• You have undergone a Court Reporting Network evaluation prior to admission into the ARD Program.
• If you refused a BAC test, your refusal form must be sent by the arresting officer to PennDOT and the District Attorney prior to ARD Court.
• You must apply for the ARD program at the time of your preliminary hearing.

If you qualify for the ARD Program, you will serve one year of probation in lieu of a mandatory minimum jail term, and you will have a license suspension of 30 days if your BAC is between .10 percent and .159 percent or a license suspension of 60 days if your BAC was .16 percent or greater. You must attend Alcohol Highway Safety School as part of your ARD disposition, and you will undergo a CRN evaluation prior to ARD Court. If it is deemed necessary, you will participate in drug and alcohol treatment. You will have reduced fines and costs but will serve 16 hours of community service.

Our Berks County/Reading DUI Lawyers Are There When You Need Us

At Ciccarelli Law Offices, our Berks County/Reading DUI attorneys are here to help you following your DUI charges. We understand you are facing many serious penalties, and that you may be feeling very anxious about your future. It is likely you have many questions you need answered, and we will comprehensively answer those questions. We understand that if you are unable to drive, you may be unable to work, therefore, we will always fight hard to retain your driving privileges.

Our Berks County/Reading DUI attorneys are proud to represent all county residents who are facing DUI charges.  We offer a thorough evaluation of your Berks County/Reading DUI charges, listening to you and your concerns regarding your future.  Contact us today at (610) 692-8700 or (877) 529-2422.